According to the Association for Safe International Road Travel (ASIRT), there is an average of 3,287 fatalities in car accidents daily. This does not include the 20-50 million people who are injured or disabled.
With such overwhelming statistics, you may think that your rights as a car accident victim are relatively limited. They are not. As any experienced Dallas car accident attorney would tell you, the exact opposite is true.
You Have the Right to Seek Personal Injury Damages
Every car accident victim has the right to seek damages for personal injuries that you suffered as a result of the accident. Financial losses (also known as “economic damages”) include things like medical expenses and lost wages.
“Non-economic losses” include damages for physical pain and suffering, mental anguish, and disfigurement. It is difficult to quantify these damages since they do not come with bills and receipts. However, a knowledgeable Dallas car accident attorney makes it easier to calculate these damages for you.
Have the Right to Seek Damages for Your Vehicle
If your car was damaged in an accident, you are entitled to get your car repaired. You have the right to have your car repaired at the shop of your choice. You also have the right to have your car repaired with genuine factory parts. An insurance company may not require you to use a shop of their choice or after-market parts.
If your car is totaled, you are entitled to the fair market value of your vehicle. This is amount a buyer would be willing to pay, in cash, from a willing seller in your area. What you owe on your car is irrelevant. If you are upside down on your car (you owe more than it’s worth), then hopefully you have gap insurance that will cover the difference. If not, the deficiency falls on you.
You also have the right to a rental vehicle. If your vehicle is being repaired, then your rental is allowed for a “reasonable time” to get your car repaired. If you vehicle is totaled, then you are entitled to a rental vehicle for a “reasonable time” to find a replacement vehicle.
You Can, and Should, Refuse to Give a Recorded StatementVery soon after an accident, you will receive a call from the other driver’s insurance company. In fact, you may get a call the same day. Don’t be fooled. They are not acting quickly because they want to provide with prompt and courteous service. Rather, they are moving quickly because they want to lock you down to a recording before you consult with an attorney.
Regardless of how pleasant the adjuster may seem on the phone, it is imperative that you refuse to give a recorded statement until you consult with an attorney.
Keep in mind that your statement can be used against you. Therefore, if you get a call asking for a recorded statement, just politely tell the adjuster that you are not in a position to do that at the moment. Then get the adjuster contact and claim information and excuse yourself from the call. Give yourself the opportunity to consult with an attorney before you do or say something that will hurt your case.
You Have the Right to Legal RepresentationTake advantage of hiring an attorney. If you are injured, then you should consult with an experienced car accident attorney in the Dallas area. The consultation at our office is always free.
And we represent all car accident injury cases on a contingency fee basis. That means you do not have to pay your attorney out of your pocket. The consultation is free and the attorney only gets paid from the money recovered in your case.
Therefore, you have nothing to lose, and everything to gain, by calling an experienced car accident attorney you can trust.